On 07/30/2019 FALLS LAKE NATIONAL INSURANCE COMPANY filed a Contract - Other Contract lawsuit against ASTA PACIFIC HEALTHCARE CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******7015
07/30/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
FALLS LAKE NATIONAL INSURANCE COMPANY
ASTA PACIFIC HEALTHCARE CORPORATION
CU JOHN T.
6/29/2020: Minute Order - Minute Order (Hearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON ...)
12/20/2019: Declaration (name extension) - Declaration OF JOHN T. CU IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE C
12/20/2019: Motion for Order (name extension) - Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCAR
1/8/2020: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction
1/8/2020: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction
12/5/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER PERMITTING SERVICE
12/5/2019: Minute Order - Minute Order (Hearing on Ex Parte Application FOR ORDER PERMITTING SERVICE)
12/2/2019: Declaration (name extension) - Declaration DECLARATION IN SUPPORT OF EX PARTE
10/2/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE
10/2/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE
10/2/2019: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR EXTE...)
7/30/2019: First Amended Standing Order - First Amended Standing Order
7/30/2019: Complaint - Complaint
7/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
7/30/2019: Summons - Summons on Complaint
7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing08/02/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing01/26/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION; MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT THEREOF: Filed By: Falls Lake National Insurance Company (Plaintiff); Result: Granted; Result Date: 06/29/2020
DocketMinute Order (Hearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON ...)
DocketHearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION scheduled for 06/29/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/29/2020; Result Type to Held - Motion Granted
DocketUpdated -- Clerk of Court Notice of Clerical Error and Correction: As To Parties: removed
DocketUpdated -- Clerk of Court Notice of Clerical Error and Correction: As To Parties: removed
DocketUpdated -- Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION; MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT THEREOF: As To Parties: removed
DocketUpdated -- Declaration OF JOHN T. CU IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION: As To Parties: removed
DocketClerk of Court Notice of Clerical Error and Correction; Filed by: Clerk
DocketHearing on Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE scheduled for 10/02/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/02/2019; Result Type to Held
DocketHearing on Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE scheduled for 10/02/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)
DocketSummons on Complaint; Issued and Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)
DocketCivil Case Cover Sheet; Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC07015 Hearing Date: June 29, 2020 Dept: 26
Falls Lake National Ins. Co. v. Asta Pacific Healthcare Corp., et al.
MOTION TO SERVE CORPORATION THROUGH SECRETARY OF STATE
(CCP § 416.10; Civ. Code § 1702)
TENTATIVE RULING:
Plaintiff Falls Lake National Insurance Company’s Motion to Serve Summons and Complaint on Defendant Asta Pacific Healthcare Corporation through the Secretary of State is GRANTED. PROOF OF SERVICE DEMONSTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.
ANALYSIS:
On July 30, 2019, Plaintiff Falls Lake National Insurance Company (“Plaintiff”) filed this action for breach of lease agreement against Defendant Asta Pacific Healthcare Corporation (“Defendant”). On December 20, 2019, Plaintiff filed the instant Motion to Serve Summons and Complaint on Defendant through the Secretary of State. To date, no opposition has been filed.
Legal Standard
Code of Civil Procedure section 416.10 provides that a summons may be served on corporation, if authorized, by any provision in Corporations Code sections 1701, 1702, 2110 or 2111. Under Corporations Code section 1702, this includes by hand delivery “to the Secretary of State, or to any person employed in the Secretary of State's office in the capacity of assistant or deputy.” (Cal. Corp. Code, § 1702, subd. (a).) Service on the Secretary of State’s office is permitted if the corporation’s agent “cannot with reasonable diligence be found at the address designated for personally delivering the process . . . and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent.” (Cal. Corp. Code, § 1702, subd. (a).)
Discussion
Plaintiff has demonstrated the inability to serve Defendant despite reasonable diligence. Defendant’s listed agent for service of process is Channon M. Mitchell. (Motion, Cu Decl., ¶3.) Mitchell, however, now works for a different company. (Id. at ¶10.) The address listed for Defendant on the Secretary of State’s website is 5601 W Slauson Ave., Ste 235, Los Angeles, California. (Id. at ¶2 and Exh. A.) On September 18, 2019, Plaintiff’s processor server was unable to serve Defendant at the Slauson Avenue address as it was occupied by a different company. (Id. at ¶5 and Exh. B.) Upon obtaining a new address for Defendant—at 145 North Prairie Avenue, Inglewood, California, Plaintiff attempted service again. (Id. at ¶¶6-7 and Exh. C.) However, a different company was located at the Prairie Avenue address. (Ibid.) Nor did Defendant provide any response to service by certified mail with acknowledgement, which was due by November 13, 2019. (Id. at ¶8.) Plaintiff has not been able to locate any other information in order to effectuate service on Defendant (Id. at ¶10.) In light of the foregoing, service pursuant to Corporations Code section 1702 by delivery to the Secretary of State is appropriate.
Plaintiff Falls Lake National Insurance Company’s Motion to Serve Summons and Complaint on Defendant Asta Pacific Healthcare Corporation through the Secretary of State is GRANTED. PROOF OF SERVICE DEMOSNTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.
Moving party to give notice.